UNITED STATES v. ALLEN

No. 80-C-133.

494 F.Supp. 107 (1980)

UNITED STATES of America, Petitioner, and Dow Chemical Company, Intervening Petitioner, v. Dr. James R. ALLEN and John Van Miller, Respondents, and James P. Wachtendonk, Mary S. Wachtendonk, Ree Anne Wachtendonk and Zachary James Wachtendonk; Robert W. Green, now Deceased, and Cheryl A. Green, the widow of the veteran Robert W. Green, now Deceased; Charles Chapman and Kuniko Chapman, Individually and on behalf of each of the "Vietnam Veterans" who have been affected, individually and on behalf of those so unfortunate as to have been similarly affected by the toxic effects of phenoxy herbicides such as 2, 4, 5-trichlorophenoxy herbicides such as the 2, 4, 5-trichlorophenoxy aliphatics manufactured, formulated, advertised, promoted, marketed and sold, individually and collectively by the corporate defendants in MDL # 381, although known to be contaminated with the toxic synthetic organic chemical 2, 3, 7, 8-tetrachlorodibenzo p-dioxin (TCDD or "dioxin"), Intervening Respondents.

United States District Court, W. D. Wisconsin.

June 11, 1980.


Attorney(s) appearing for the Case

Richard E. Cohen, Asst. U. S. Atty., Madison, Wis., for petitioner.

Richard J. Lewandowski, Madison, Wis., for intervening petitioner.

Robert K. Aberg, Madison, Wis., for respondents Allen and Miller.

David J. Ghilardi, Madison, Wis., for intervening respondents.


CRABB, District Judge.

The United States of America has petitioned this court to enforce administrative subpoenas issued by an Environmental Protection Agency ("EPA") Administrative Law Judge to respondents, Dr. James R. Allen and John Van Miller, for certain documents, records and information related to respondent Allen's scientific studies of the chemical 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin ("TCDD"). The subpoenas were issued pursuant to Section 6 of the Federal...

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